CITY OF YORBA LINDA Land of Gracious Living CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING MINUTES OCTOBER 20, 2015 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING CONVENING AT 5:30 P.M. CALL TO ORDER convened at 5:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Hernandez, Huang, Lindsey (Arrived at 5:31 p.m.), Schwing, Young Litfin, Pulone PAGE 1
ANNOUNCEMENT OF CLOSED SESSION ITEMS CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: APNS: 323-321-01, 323-321-02, 323-321-03, 323-321-04, 323-321-05, 323-321-06, 323-321-07, 323-321-08, 323-321-09, 323-321-11, 323-322-02, 323-322-03, 323-322-04, 323-322-05, 323-322-06, 323-322-07, 323-322-08, 323-322-09, 323-322-10, 323-323-03, 323-323-04, 323-323-14, 323-323-15, 323-323-17, 323-323-23, 323-323-24, 323-323-25, 323-324-02, 323-324-03, 323-324-04, 323-324-05, 323-324-06, 323-324-07, 323-324-08, 323-323-26, 323-324-15, and 323-324-16 City Negotiators: City Manager Pulone Property Negotiators: Zelman Retail Partners, Inc. Under Negotiation: Purchase and Sale Agreement/Price and Terms B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION Government Code Section 54956.9(d)(2) (5 cases) City Attorney Todd Litfin stated that Mayor Pro Tem Lindsey would be recusing himself on one of the cases because he has a potential conflict under Government Code section 87100 for this matter. C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) (1 case) Name of Case: City of Yorba Linda v. Sioson et al. Case Number: 30-2014-00709123-CU-EI-CJC, Superior Court, County of Orange PUBLIC COMMENT ON CLOSED SESSION ITEMS CONVENE INTO CLOSED SESSION The City Council convened into Closed Session at 5:32 p.m. RECESS PAGE 2
CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING RECONVENING AT 6:30 P.M. CALL TO ORDER reconvened at 6:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Hernandez, Huang, Lindsey, Schwing, Young Brown, Christian, Harris, Kudron, Lagaret, Litfin, Lixey, Pulone, Wolfe PLEDGE OF ALLEGIANCE Yorba Linda Boy Scout Troop 733, Goat Patrol INVOCATION Pastor Todd Chapman, Richfield Community Church CLOSED SESSION REPORT City Attorney Litfin said there was no reportable action on the Closed Session items. INTRODUCTIONS & PRESENTATIONS PROCLAMATION DECLARING RED RIBBON WEEK RECEIVED BY THE TUSTIN YOUNG MARINES Mayor Hernandez announced that Tustin Young Marines, Gunnery Sergeant Aidan Yeung and Private Gabriella Rios were not in attendance to receive the proclamation in honor of Red Ribbon week. RECOGNITION OF MARINE SERGEANT GARRETT BARNEY Mayor Hernandez presented a certificate of recognition to Marine Sergeant Garrett Barney for his service as an 0331 - Machine Gunner in the First Battalion, First Marine Regiment based at Camp Pendleton, CA. He said Sergeant Barney is a two-time Afghanistan campaign veteran and was also posted in Okinawa, Japan. Mayor PAGE 3
Hernandez thanked Sergeant Barney for his courageous service to our country and his actions of selflessness in times of war and peace. Sgt. Barney thanked Council for the accolade on behalf of himself and the United States Marine Corps. He said it was a tremendous honor to be recognized for doing his job, and expressed gratitude toward his wife and family for all their support during his three deployments. RECOGNITION OF RETIRING COMMUNITY DEVELOPMENT DIRECTOR, STEVE HARRIS Mayor Hernandez presented a commendation in recognition of retiring Community Development Director Steve Harris. He said that Mr. Harris is a consummate professional who will be missed, and wished him well in his retirement. Mr. Harris said in light of recognizing the military, he too showed appreciation for the service men and women being that his father and family members have devoted a lifelong commitment to public service. He expressed thanks to Council for recognizing his tenure and thanked his staff, co-workers, and Planning Commissioners for working collectively with him through the years. He wished the City luck on moving forward with the final stages and implementation of the Town Center. Mayor Hernandez announced Mr. Harris replacement, Principal Planner David Brantley. CHAMBER OF COMMERCE QUARTERLY UPDATE BY PRESIDENT JIM WITHROW Jim Withrow, Chamber of Commerce President, provided a PowerPoint presentation and gave a quarterly report of the past and upcoming Chamber of Commerce events. UPDATE OF LAW ENFORCEMENT SERVICES GIVEN BY CHIEF OF POLICE SERVICES, LT. LANE LAGARET Chief of Police Services Lt. Lane Lagaret provided a PowerPoint presentation and gave an update of law enforcement services for the month of September. Councilmember Young asked Lt. Lagaret to add comparable cities to the crime trending graph to educate everyone on how the police services are in force within Yorba Linda. Chief of Police Services Lt. Lagaret mentioned to the public to be cautious of package deliveries during the holidays due to high thefts of unmanaged packages left at the front doorstep. GENERAL PLAN UPDATE STATUS David Barquist, Kimley-Horn Associates, gave a PowerPoint presentation of the process overview, current progress with the General Plan Draft Land Use and Circulation Elements and upcoming tasks for the draft documents, Phase II Community Engagement and Environmental Clearance. PAGE 4
PUBLIC COMMENTS Rose Edwards, business owner, voiced her opinions about the development process of the Town Center and encouraged Council to move forward with the project. Walt Tamulinas, business owner, asked that the City complete the landscaping in front of the ERA building on Yorba Linda Boulevard and remove the chain link fencing. Pat Nelson, resident, clarified a few statements that she made at the last City Council meeting and spoke about Consent Calendar Item Nos. 6, 11, and 12. Kay Dotson, resident, stated her concerns about Consent Calendar Item No. 10 and said she and another resident had submitted suggestions for inclusion in the educational materials that will be mailed to property owners. Jean Tamulinas, resident, addressed landscaping fees for Valley View circle due to the drought measures and said that the area is poorly maintained. Lee Day, resident, spoke of misleading information provided by members of the public and special interest groups and inquired about the trash fund deficit. Julia Schultz, resident, stated that she stood behind the facts regarding City related issues, and addressed the matter of petitions being submitted to the Yorba Linda Water District opposing the water rate increases. Jon Hansen, resident, spoke regarding the petitions submitted to the Yorba Linda Water District and said that they were abiding by the law. Ed Gunderson, resident, spoke about the proposed parking structure for the Town Center development and voiced his opinions on the matter. RECESS: Mayor Hernandez called a recess at 7:39 p.m. and reconvened the meeting at 7:48 p.m. PUBLIC HEARING ITEM NO. 14 WAS TAKEN AT THIS TIME BUT PRESENTED IN ITS RESPECTIVE PLACE ON THE AGENDA CONSENT CALENDAR Mayor Pro Tem Lindsey pulled Item No. 7 from the Consent Calendar. It was MOVED/SECONDED HUANG/SCHWING - to approve the Consent Calendar with removal of Item No.7. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young PAGE 5
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA waived reading in full of all ordinances and resolutions on the agenda and declared that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. ACCOUNTS PAYABLE WARRANT LISTS approved the Accounts Payable Warrant Lists. 3. APPROVAL OF THE MINUTES OF THE OCTOBER 6, 2015 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING approved the minutes of the October 6, 2015 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting. 4. TREASURER'S REPORT - AUGUST 2015 The City Council received and filed this report. 5. COUNCIL COMMITTEE AND AGENCY REPORTS The City Council received and filed this report. 6. AUTHORIZATION TO PURCHASE AND INSTALL A SHADE STRUCTURE AT HURLESS BARTON PARK AMPHITHEATER The City Council authorized the purchase and installation of a shade structure for the Hurless Barton Park amphitheater in the amount of $117,458.40 to USA Shade and Fabric Structures, Inc. per Yorba Linda Municipal Code Section 3.04.130 (b). 7. Removed 8. THIRD AMENDMENT TO THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH ZELMAN RETAIL PARTNERS, INC. approved the Third Amendment to the Purchase and Sale Agreement and Joint Escrow Instructions with Zelman Retail Partners, Inc. for development of the Town Center. 9. AUTHORIZATION OF NEW EMPLOYEE CLASSIFICATIONS, RECLASSIFICATIONS AND COMPENSATION ADJUSTMENTS The City Council authorized the new employee classifications, reclassifications and compensation adjustments; adopted Resolution No. 2015-5334, relating to PAGE 6
the classification, compensation and terms of employment of Miscellaneous employees and rescinded Resolution No. 2015-5292; and adopted Resolution No. 2015-5341, relating to the classification, compensation and terms of employment of Mid-Management employees and rescinded Resolution No. 2015-5293. 10. AWARD OF PROFESSIONAL SERVICES AGREEMENT - STREET LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) COMMUNICATIONS SERVICES The City Council approved the professional service agreement with The Lew Edwards Group in the amount of $50,000 for LMAD Communications Services for outreach and educational documents related to Proposition 218 balloting of deficit Local Landscaping Zones. 11. MELIA HOMES AFFORDABLE HOUSING AGREEMENT FOR IN-LIEU CONTRIBUTION The City Council approved the Affordable Housing Agreement with Melia Homes related to the proposed residential development located at the southwest corner of Lakeview Avenue and Bastanchury Road (Tract 17648). 12. DEMOLITION PERMIT FOR 4725 VALLEY VIEW AVENUE The City Council approved the demolition permit request for 4725 Valley View Avenue. 13. REPORT OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING The City Council received and filed this report. End of Consent Calendar ITEM 7 LA PALMA ROADWAY IMPROVEMENTS FROM WEST CITY LIMITS TO CAMINO DE BRYANT - AWARD OF CONSTRUCTION CONTRACT TO R.J. NOBLE AND AWARD OF INSPECTION AND CONSTRUCTION MANAGEMENT SERVICES CONTRACT TO WILLDAN ENGINEERING Mayor Pro Tem Lindsey read the background of the La Palma Avenue Roadway Improvements from West City Limits to Camino De Bryant, and stated that there was a 15% variance between the four bids that were received for this project. He said that he wanted to inform the public about the bid process and that he was in favor of awarding the contract to repair the deteriorated roadways along La Palma Avenue. It was MOVED/SECONDED LINDSEY/YOUNG - to award the construction contract to R.J. Noble Construction for the La Palma Avenue Roadway Improvements from West PAGE 7
City Limits to Camino De Bryant in the amount of $2,017,150.80; authorize a onetime variance to City Council Policy A-2 for this project only to increase the City Manager's single Change Order approval authority to $125,000.00; and award the inspection and construction management services contract to Willdan Engineering for the La Palma Avenue Roadway Improvements from West City Limits to Camino De Bryant in the amount of $60,720.00. Councilmember Young stated that he is in favor of this roadway improvement project but said that the City is spending a significant amount of reserve funds for the project. He said that the General Fund Reserves, Infrastructure Reserves, and Measure M funds need to be replenished sooner than later so that future infrastructure expenditures could be met. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young PUBLIC HEARING 14. YORBA LINDA TOWN CENTER RETAIL PROJECT AND FINAL ENVIRONMENTAL IMPACT REPORT a. Open Public Hearing Mayor Hernandez opened the public hearing. b. Staff Report Principal Planner David Brantley gave an overview of the staff report and responded to Council questions. Collette Morris, Morris Planning Group, provided a PowerPoint presentation of the CEQA analysis. She spoke of the environmental document regarding existing conditions, potential environmental impacts, feasible mitigation measures, and a range of possible alternatives. Erik Evatt, Morris Planning Group, spoke about the transportation and traffic impact analysis, short-term construction and significant and unavoidable impacts. Brett Foy, Zelman Retail Partners, Inc., thanked City staff for working collectively with them on the project and that they are looking forward to the next stage. He said it is important not to build another basic shopping center and gave an update of the businesses seeking to lease in the Town Center, such as a Regal Movie Theater and Bristol Farms specialty market. Brian Wolfe, Perkowtiz and Ruth Architects, provided a PowerPoint presentation of the renderings of the Town Center project. He gave details of the aesthetics, topography and pollutants, amenities, parking, and connection with the Main Street Merchants. PAGE 8
c. Take Testimony The following people expressed their opinions and concerns about the Yorba Linda Town Center Retail Project: Jim Withrow, Phillip Eisenhower, Jon Hansen, Jeff Decker, Richard DeBrujin, Kay Dotson, Anita Hynds, Pat Nelson, Walter Bruckner, Julia Schultz, Ed Gunderson, Walt Tamulinas, Jean Tamulinas, Rick Nelson and Susan Janowicz d. Close Public Hearing Mayor Hernandez closed the public hearing. e. Make Determination It was MOVED/SECONDED YOUNG/HUANG - to adopt Resolution No. 2015-5335, certifying the Subsequent EIR and associated Final EIR Responses to Comments, Statement of Overriding Considerations and Mitigation Monitoring Program prepared for the Town Center Retail Project; introduce for first reading, Ordinance No. 2015-1018, approving Zone Change 2013-01; adopt Resolution No. 2015-5336, approving Design Review 2013-18, with conditions; adopt Resolution No. 2015-5337, approving Conditional Use Permit 2013-29 "A" (for Cinema Use with Accessory Alcohol Service), with conditions; adopt Resolution No. 2015-5338, approving Conditional Use Permit 2013-29 "B" (for Specialty Market Use with Accessory Alcohol Service and Off-sale Alcoholic Beverage Sales) with conditions; adopt Resolution No. 2015-5339, approving Conditional Use Permit 2013-29 "C" (for Restaurants with Accessory Alcohol Service), with conditions; and adopt Resolution No. 2015-5340, approving Conditional Use Permit 2013-29 "D" (for Participation in the Parking In-lieu Fee Program), with conditions. MOTION CARRIED by the following roll call vote: AYES: Hernandez, Huang, Lindsey, Schwing, Young NOES: ABSENT: RECESS: Mayor Hernandez called a recess at 9:48 p.m. and reconvened the meeting at 9:54p.m. CITY MANAGER'S REPORT/MAYOR'S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS City Manager Pulone stated that the police services contract cost breakdown is available on the City s website. City Manager Pulone acknowledged Community Development Director Steve Harris retirement at the end of month. He said that Mr. Harris has been an important member PAGE 9
of the management team and has done a tremendous job throughout his tenure. He thanked him for his service to the City and wished him well in his retirement. Councilmember Huang, as representative to the Orange County Mosquito and Vector Control District, reminded everyone to be aware of free standing water around their homes especially due to the recent discovery of the yellow fever mosquito. Councilmember Huang congratulated Community Development Director Steve Harris on his retirement, thanked him for all his years of service and said she had enjoyed working with him. Ms. Huang also congratulated Principal Planner David Brantley on his promotion. Mayor Hernandez announced the Yorba Linda Parks and Recreation Healthy Hoedown Senior Health and Resource Faire on Saturday, October 24, 2015 from 9:00 a.m. to 12:00 p.m. at the Yorba Linda Community Center. Mayor Hernandez said that last week he presented the 2015 State of the City Address at the Richard Nixon Library and that the 2015 Citizen of the Year and Business of the Year were recognized at the event. He also stated that video of the State of the City Address can be viewed on the City s website under Latest News or on cable access Channel 3. Mayor Hernandez announced that the Mayor s Prayer Breakfast will be held this Thursday, October 22nd from 7:00 a.m. to 8:45 a.m. at the Yorba Linda Community Center. ADMINISTRATIVE REPORT 15. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH ZELMAN RETAIL PARTNERS, INC. FOR THE SALE OF A CITY OWNED PARCEL AS PART OF THE TOWN CENTER DEVELOPMENT LOCATED AT 4902 VALENCIA AVENUE (APN: 323-321-10) Economic Development Manager Pam Stoker gave an overview of the staff report and responded to Council questions. City Attorney Litfin addressed potential concerns regarding the completion of the project, especially if Zelman Retail Partners, Inc does not move forward with the project. He read into the record additional language to append to the purchase and sale agreement: "There shall be language included in the agreement that is approved by the City Attorney and Zelman Retail Partners, Inc. that provides the City with an option to purchase the Bigonger property at 4871 Lakeview Avenue from Zelman Retail Partners, Inc. for the purchase price paid by Zelman if the purchase and sale agreement between Zelman and the Successor Agency is terminated." Mr. Litfin clarified with the maker of the motion that under Consent Calendar Item No.8, Third Amendment to the Purchase and Sale Agreement with Zelman, the redlined version of the agreement which incorporated a couple of amendments PAGE 10
including a $25,000 per month payment if certain timelines were not met was in fact the agreement that was approved. Councilmember Young responded in the affirmative. It was MOVED/SECONDED LINDSEY/HUANG - to authorize the City Manager to enter into the Purchase and Sale Agreement and Joint Escrow Instructions with Zelman Retail Partners, Inc. to sell a City owned parcel located at 4902 Valencia Avenue (APN 323-321-10) in the Town Center for purposes of developing a retail shopping center pursuant to the terms and conditions in the subject Agreement. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young ADJOURNMENT Mayor Hernandez adjourned the meeting in memory of Glenn Wanke, at 10:05 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency Joint meeting on November 3, 2015. /s/ Marcia Brown, City Clerk City of Yorba Linda APPROVED BY CITY COUNCIL/SUCCESSOR AGENCY: November 3, 2015 PAGE 11